DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Unfair Competition

Buc-ee’s Fights ‘Tooth and Nail’ For Total Texas Takedown

Posted in Advertising, Articles, Branding, Dilution, Famous Marks, Infringement, Law Suits, Sight, Trademarks

Recently, we have been covering updates from a trademark infringement, dilution, and unfair competition action between Buc-ee’s and Choke Canyon, two rival Texas convenience stores with endless rows of gas pumps and checkout lanes (everything’s bigger in Texas, you know; even gas stations). About a month ago, a Texas jury found that the Choke Canyon… Continue Reading

Buc-ee’s Beaver Chomps Reptilian Competitor

Posted in Articles, Branding, Dilution, Fair Use, Famous Marks, Infringement, Law Suits, Mixed Bag of Nuts, Sight, Trademarks

About a week ago, we reported on an interesting case out of the Southern District of Texas involving two competing convenience stores with cartoon animal mascots: Buc-ee’s (a beaver) and Choke Canyon (an alligator). As someone who has personally visited Buc-ee’s stores, I can tell you that they are quite the destination. Buc-ee’s tend to… Continue Reading

LARPing with Patent Trolls

Posted in Counterfeits, Dilution, Fair Use, False Advertising, First Amendment, Mixed Bag of Nuts, Patents, Social Media, Social Networking, Technology, Trademark Bullying

Live Action Role Playing (LARP or LARPing) usually involves Renaissance Festival worthy costumes, foam medieval weapons, and an intense dedication to not breaking character.  I can’t say I’ve ever had the privilege of participating in a LARP event, but I also can’t say I’d turn down the opportunity. A different kind of battle—the intellectual property… Continue Reading

The Color Purple and the future of color trade marks in the UK

Posted in Branding, Famous Marks, Guest Bloggers, International, Mixed Bag of Nuts, Non-Traditional Trademarks, Product Packaging, Trademarks

Simon Bennett and Rachel Cook Fox Williams LLP Chocolate giants Nestle and Cadbury have been trading blows in the UK and European Courts for several years. This latest round in front of the UK Court of Appeal related to Cadbury’s application to register the color purple (to be specific Pantone 2685C) for the packaging of… Continue Reading

Where Everybody Knows Your Name(s)

Posted in Almost Advice, Branding, Copyrights, Infringement, Marketing, Mixed Bag of Nuts, Social Media, Social Networking, Television, Trademarks

Who would you expect to find sitting at the end of the bar in this recently re-named Minneapolis sports bar, formerly known as Halek’s Bar? What if you were to queue a very familiar tune to these lyrics, would that help? Yeah, I was thinking of these guys too: But, what if these guys have nothing to do with… Continue Reading

One Man’s Trash Is Another Transit Authority’s Trademark

Posted in Fair Use, Infringement, Trademark Bullying, Trademarks

A while back, I discussed the New York State Department of Development’s enforcement efforts to prevent others from using the I♥NY logo. It looks like the West Coast may have learned something from the East Coast, as San Francisco’s Bay Area Rapid Transit District (affectionately known as BART) has been sending out cease and desist… Continue Reading

Intellectual Property Plaintiff Admits to Being Ignorant?

Posted in Copyrights, Goodwill, Infringement, Law Suits, Non-Traditional Trademarks, Trademarks

About a week ago another interesting federal intellectual property case was filed in the District of Minnesota: Fantasy Flight Publishing, Inc. v. Puffin Software et al. Although the four count complaint includes a federal unfair competition claim, a Minnesota deceptive trade practices claim, and a common law unjust enrichment claim, the case really appears to be centered around the copyright infringement… Continue Reading